Section 234
Power of forfeiture
of National Land Code (Revised - 2020)
(1)
Every lease, sublease or tenancy exempt from registration, whether granted before or after the commencement of this Act, shall, subject to any express provision therein to the contrary, be liable to forfeiture if the lessee, sublessee or tenant for the time being—
(a)
breaches any of the provisions thereof, express or implied;
(b)
is adjudicated bankrupt; or
(c)
being a company, goes into liquidation.
(2)
The forfeiture of any lease, sublease or tenancy may be enforced by the person or body for the time being entitled to the reversion thereon either by re-entry onto the land or by action in the Court, but subject in the former case to the provisions of any other written law for the time being in force.
(3)
Where any lease, sublease or tenancy has become liable to forfeiture for breach of any of the provisions thereof, the acceptance by the person or body for the time being entitled to the reversion thereon of any rent falling due after the date of the breach, or the doing by that person or body of any other act showing an intention to treat the lease, sublease or tenancy as still subsisting, shall, unless that person or body was not at the time aware of the breach, and could not by reasonable diligence have been so aware, constitute a waiver of the right of forfeiture:
Provided that this subsection shall not apply to anything done after the commencement of any action for forfeiture.
Notice before forfeiture 235.
Notwithstanding anything to the contrary contained therein, no person or body shall be entitled to enforce, by action or otherwise, the forfeiture of any lease, sublease or tenancy 259
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for breach of any of the provisions thereof unless and until that person or body has served on the lessee, sublessee or tenant for the time being a notice in writing—
(a)
specifying the particular breach complained of;
(b)
if the breach is capable of remedy, requiring him to remedy it, and
(c)
in any case other than non-payment of rent requiring him to make compensation in money for the breach, and the lessee, sublessee or tenant on whom the notice is served has failed, within a reasonable time thereafter, to remedy the breach
(if it is capable of remedy) and to make reasonable compensation in money therefor to the satisfaction of that person or body.
Effect of forfeiture 236.
The forfeiture of any lease, sublease or tenancy shall extinguish also all interests dependent thereon, that is to say—
(a)
any charge thereof,
(b)
any derivative sublease or tenancy, and
(c)
any charge of any derivative sublease, but without prejudice to the revival of those interests in the event of the forfeiture being subsequently set aside by the
Court on any grounds.